Posted inClinical Negligence Issue 16

Birth injuries and expert evidence

Birth injuries and expert evidence Elizabeth-Anne Gumbel KC OAJ By His Mother and Litigation Friend CFT v Dorset County Hospitals NHS Foundation Trust [2025] EWHC 3345 This is the third birth damage case in just over 3 years in which Mr Justice Ritchie has been the trial Judge. The other…
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Posted inClinical Negligence Issue 16 Regulatory

National Commission calls for evidence on the regulation of AI in healthcare

National Commission calls for evidence on the regulation of AI in healthcare Robert Kellar KC AI is set to transform and disrupt the way in which healthcare is delivered.  The Government’s 10-year health plan for England commits the NHS to becoming “the most AI-enabled healthcare system in the world”, supported…
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Posted inClinical Negligence Issue 15

Establishing the facts in the face of silence and uncertainty

Establishing the facts in the face of silence and uncertainty Leo Kirby Shaheen & Ahmed (Estate of Ajaz Ahmed) v Daish [2025] EWHC 3056 (KB) This case shows how claimants can convince the court that their version of the facts is right despite the contemporaneous record being silent and neither…
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Posted inClinical Negligence Issue 15

Expert evidence refused for a Defendant who puts a Claimant to proof

Expert evidence refused for a Defendant who puts a Claimant to proof Robert Mills Fox v Moroney and Others [unreported, 5 September 2025] The claim was brought against a dental practice for negligent dental treatment performed by dentists based at the practice. The allegations were based on breaches of non-delegable duties…
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Posted inAbuse / Child Abuse Clinical Negligence Issue 15

Child Abuse and Scope of Duty of Medical Practitioners

Child Abuse and Scope of Duty of Medical Practitioners Rajkiran Arhestey Conway v Yeovil District Hospitals NHS Foundation Trust & Anor [2025] EWHC 2488 (KB) In this sad case, Turner J considered the scope of duty of hospital doctors towards a baby who was the victim of an assault perpetrated…
Posted inAbuse / Child Abuse, Clinical Negligence, Issue 15Tags: , , , ,
Posted inClinical Negligence Issue 15

Bailey v (1) Bijlani (2) MBNA Ltd [2025] EWHC 175 (KB) and medical treatment claims under the Consumer Credit Act 1974

Bailey v (1) Bijlani (2) MBNA Ltd [2025] EWHC 175 (KB) and medical treatment claims under the Consumer Credit Act 1974 Richard Mumford This is an updated version of an article which previously appeared in QMLR Issue 8 in April 2021 Introduction Where medical treatment has been paid for on…
Posted inClinical Negligence, Issue 15
Posted inClinical Negligence Issue 15

Fundamental dishonesty: recent lessons

Fundamental dishonesty: recent lessons Elizabeth-Anne Gumbel KC Ms Wilma Agnes Cullen - and – Dr Ruth Henniker-Major [2024] EWHC 2809 (KB) This was a clinical negligence case arising out of a negligently delayed diagnosis of laryngeal cancer, resulting in more extensive treatment for the cancer than would otherwise have been…
Posted inClinical Negligence, Issue 15Tags:
Posted inClinical Negligence Issue 15

MJF: a re-emphasis on statements of case and evidential rigour

MJF: a re-emphasis on statements of case and evidential rigour Allyna Ng MJF (a Protected Party proceeding by her mother and litigation friend, ITZ) v University Hospitals Birmingham NHS Trust [2024] EWHC 3156 (KB) The Claimant, MJF, alleged that her surgery had been conducted negligently, causing a severe deterioration in…
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